(영문) 전주지방법원 2015.01.27 2013고단2610

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(영문) 전주지방법원 2015.01.27 2013고단2610

강제추행

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall order the completion of the sexual assault treatment program for 20 hours.

Reasons

Criminal facts

1. On June 17, 2013, at around 02:00, the Defendant: (a) discovered the victim C (man, 23 years of age) on the front side of the building in Gwangju-dong-gu, Gwangju; (b) committed an indecent act by force on the part of a female by means of discovering the gap in the victim’s right chest on the front side of the building in Gwangju-gu, and following the victim’s back to 306-dong apartment 306-dong, which is in the south-gu, Namnam-gu, Gwangju, with the victim’s own hand, turning the victim’s right chest on the front side of the building in front of the victim’s et al.

2. The Defendant, at around 02:20 on the same day as described in paragraph (1), committed an indecent act against a female by force by discovering the victim D (the age 21) and driving the victim's right chest on the clothes of the victim with a sudden knife hand in the above manner.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police statement of C or D;

1. Each report on the occurrence of a case, each investigation report, and evidential materials attached thereto;

1. Application of the statutes on visual images of each complaint filed and each CCTV closure photograph;

1. Relevant Article 298 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Where the conviction of this case against a defendant obligated to register personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related

The age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, and the prevention of sexual crimes subject to registration which can be achieved due to such order.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

-성폭력범죄의 처벌 등에 관한 특례법 제42조 제1항

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